Is there a limit on the number of requests for admission in a adversary case?

Business 4 views 4 answers
I want to ask a questions about a number of attached exhibits attached to the Request for Admissions. This seems to be a good way to get the evidence into the case.

Attorney Answers

4
Eliz Johnson ·
You need to have an attorney to do litigation. It is complex and rule driven and where most pro per litigants lose their cases. If you have to do this yourself, you must become very familiar with the Code of Civil Procedure and local rules of court. CCP 2033.030. (a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets. (b) Unless a declaration as described in Section 2033.050 has been made, a party need only respond to the first 35 admission requests served that do not relate to the genuineness of documents, if that party states an objection to the balance under Section 2033.230 on the ground that the limit has been exceeded. (c) The number of requests for admission of the genuineness of documents is not limited except as justice requires to protect the responding party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense.
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Henry Harmeling ·
Ms. Johnson is correct in that you either need to become familiar with the California Code of Civil Procedure, or you need a lawyer to represent you in your case. If your requests for admission (RFAs) are not properly phrased then the other side will likely respond with gibberish answers that are not responsive and/or not usable in court. Your intent to use RFAs is a good one. There are many benefits to using RFAs, which are indeed a good way to get evidence into the case (provided the RFAs are properly phrased and provided that you receive complete responses). Form Interrogatory 17.1 must be served concurrently with your RFAs for the RFAs to be effective.
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Richard Eric Anthony DwyerDivorce / Separation LawyerMountain View, CA ·
Here is a tip: If you are serving requests for admissions, also serve a set of form interrogatories in which you check the box for form interrogatory 17.1. It will require the answering party to identify the facts, witnesses and documents on which they base any denial of your requests for admissions. http://richarddwyer.com
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Frank Chen ·
No. Unlike the California state court which limits the number of request for admissions to 35 under the Code of Civil Procedure, in a federal bankruptcy adversary proceed, there is no limit under the Federal Rules of Civil Procedure (Rule 36) and Federal Rules of Bankruptcy Procedure (Rule 7036).
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